Sunday, November 24, 2013

Tanzymore v. Bethlehem Steel Corp. case brief

Appellant employee sought review of a
judgment of the District Court for the Eastern District of
Pennsylvania, which dismissed his personal injury action against
appellee employer for want of jurisdiction.

CASE FACTSAppellee employer moved to dismiss
appellant employee's personal injury action on the basis of
appellant's deposition, which indicated that he was not a citizen of
a different state than appellee. The district court dismissed the
action for want of jurisdiction without holding an evidentiary
hearing.

DISCUSSION

On appeal, the court affirmed because appellant failed to
establish that he was a citizen of another state.

It was within the
district court's discretion to choose what procedure to follow in
making its jurisdictional determination and it was a reasonable
exercise of that discretion to decide appellee's motion based on the
deposition.

An evidentiary hearing was not required because appellant
was given notice and a fair opportunity to be heard.

CONCLUSION
The court affirmed the judgment that dismissed appellant
employee's personal injury action because he did not establish
diversity of citizenship. Appellant's deposition gave him the
opportunity to be heard, thus he was not entitled to an evidentiary
hearing.Recommended Supplements for Civil Procedure

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